Marriage in zambia pdf

Regionally, there have been a number of african mechanisms and institutions that have recognised and taken steps to address the harmful impact of child marriage. Therefore, the law recognises marriages concluded under civil law and african customary law. The katawa mpango returns on a specified day for details on the marriage payments. The international center for research on women icrw recently conducted research in kenya, senegal, uganda, and zambia to contribute to greater understanding of the drivers of child marriage in.

In may 2014, the african union au launched a campaign to end child marriage in africa, by enhancing continental awareness of its. Preventing and eliminating child, early and forced. Basically, during colonialism, britain created roughly two categories of marriage under statutory law and the church and marriages contracted under customary law regarded as inferior, for the natives. Single nurses and teachers in zambia home facebook. And the experts have cited unfaithfulness, drunkenness, lack of. So traditionally, marriage teachings are based on equality, on separate tasks for men and women, but they are complementary. Marriage, family and property rights 1 the toolkit at a glance the toolkit comprises an introduction and five modules. Except as aforesaid, and except as in section 37 of this act non observance provided with respect to marriages under that section, no of the condl marriage otherwise lawful which has been actually solem tions of ths ac nized shall be declared void on the ground that any of. Pdf child marriage is still a massive problem in many developing countries. The overwhelming majority of child marriages, both formal and informal, involve girls under 18 years old, although at times their spouses are also underage.

I am just hoping that this article can get us talking about how colonialism and its laws continue to disadvantage the weakest among us. In zambia, the legal minimum age of marriage is 18, though girls can marry as young as age 16 with parental consent. The current laws in zambia regarding marriage and divorce are deeply steeped in colonialism and need urgent reform. Himonga family and succession laws in zambia developments since independence lit. Ngundu mission churches and african customary marriage 39 ceremonies of baptised christians,8 while chrysostom encouraged christian couples to celebrate their customary marriages in godhonouring ways by excluding such things as drinking, dancing, and overeating from family home. Slay queens and chancers are also a threat to marriages in our country albeit the pretence by our women folk to be gender independent. In 2015 zambia started to develop a five year national action plan to end child marriage. Common law is administered by several high courts, which have authority to hear criminal and civil cases and appeals from lower courts. A qualitative study on the causes and consequences of. Those three elements are in zambian tradional the likes of bemba. Zambia has one of the highest child marriage rates in the world with 42% of women aged 2024 years married by the age of 18.

Child marriage, the marriage of a person below the age of 18, deprives adolescent girls of their reproductive health rights and impinges upon their opportunity to. Zambia records 28,000 divorces, east tops all zambia. Statutory recognition of customary marriages in zambia. Contracting marriage under this act when married in african customary law or contracting marriage in african customary law when married under this act 39. Sadly, the practice of early marriage gives no such cause for celebration. Zambia is a focus country of the unicefunfpa global programme to. There are three types of marriages recognized by law in zambia, these are 1. Although child marriage has declined by 25% from 41.

With changes in social and economic trends zambian marriages have also evolved. Marriage may be solemnized under the authority thrity a of a civil registrars certificate or civil registrars k. The matrimonial causes act arrangement of sections preliminar. The book also makes an interesting reading about various aspects of the zambian culture to any one wanting to have a camera view of how different marriage ceremonies are conducted in zambia. Zambia is dedicated to improving sustainable access to family planning and achieving the goals it set out in 2012, specifically to increase the modern contraceptive prevalence rate among married women to 58% by 2020. Zambia s judicial system is based on english common law and customary law. Prevalence of child marriage in 2015, following the 2014 zambia. Specifically, this study observed the types of divorce, causes and consequences of divorce, and the postdivorce coping mechanisms.

Nov 07, 2011 there are three types of marriages recognized by law in zambia, these are 1. Traditionally, in a zambian society, people would marry within their tribe, rarely going outside that circle to find a mate. Zambia ratified the convention on the rights of the child in 1991, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1985, which obligates states to ensure free and full consent to marriage. Marriages, by customary law though polygamous, as under islamic law, has a number of similarities with the other forms of marriage. Culture and customs of zambia south african history online. Sep 10, 2015 zambia has one of the highest child marriage rates in the world with 42% of women aged 2024 years married by the age of 18. Parties should be allowed, in th e case of a dual marriage, namely, a marriage celebrated by both customary and civil rit es, to make an express declaration as to which law should regulate their marriage. But we are also to blame for allowing vanity and material gain to rule our marital bliss. The other forms of marriage are governed by statute which are chapters 95, 96 and 97 of the laws of sierra leone 1960, as amended over the years. Spearheaded by the ministry of chiefs and traditional affairs, the campaign prioritised engagement with traditional leaders and law reform. Marriage see customary law marriage and family law husband and wife marriage. The marriage payment may include cattles, chickens and a cow if the girl was a virgin. These are the issues that make the study of the culture and customs of zambia so compelling and dynamic.

Mar 03, 2012 zambia is a country of diverse cultures that have successfully existed side by side in harmony. And the experts have cited unfaithfulness, drunkenness, lack of communication, violence, finances, parental. In many parts of the world parents encourage the marriage of their daughters while they are still children in hopes that the marriage will benefit them both financially and socially, while also. Blackhalls laws of zambia is intended to be the tool for both the legal community and the general public. While south asia has led the way on reducing child marriage, the global burden is shifting to subsaharan africa, where rates of progress need to be scaled up dramatically to offset population growth. Blackhalls laws of zambia is revised edition of the laws of zambia containing primary and secondary legislation. In short, these new customs, habitsindeed, traditions thus become thoroughly embedded, and the culture adapts to accommodate them. There are several ways we could think of changing marriage laws in zambia. According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. Trends in the median ages of first marriage, sex, and first childbirth show that sexual debut comes first. Blackhalls laws of zambia makes all the statutory laws of zambia in force available at one source on the internet and also on cdrom and in the near future in a print in an updated revised form, to all persons interested in the laws. The transformation of the family and the traditional support system since the colonial period 99 3. Senegal, uganda, and zambia to contribute to greater understanding of the. To protect, promote, and fulfil the right of adolescent girls, there is a need to eradicate child marriage.

Child, early and forced marriage is a gross human rights violation which puts girls at risk of violence and ill health, denies them the opportunity to fully contribute to their societies and keeps them locked in a state of poverty. When the katawa mpango returns, exotic foods are prepared for his second journey by the mans family. Customs in different tribes may vary but there usually is a mediator who serves as a negotiator for the marriage proposal for a man and his desired bride. Owing to the above facts, early child marriage has currently become a vital topic of discussion amongst several development platforms which has made it more visible to many that were unaware of its existence. With more than 72 ethnic groups with similar religious beliefs and culture zambia has been able to make intermarriage s across tribes and race thrive. Baseline report zambia kit royal tropical institute. The matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989. Owing to the above facts, early child marriage has currently become a vital topic of discussion amongst several development. Introduction marriage before the age of 18 is a reality for many young women. Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community, or peers. In todays zambia, especially in urban areas, there is a lot of modern and western influence. Key statistics on child marriage in zambia currently 42 per cent of girls under the age of 18 are married, meaning that two in five girls in zambia are child brides. Many of these aspects contradict traditional ideas.

According to latest statistics from the local court office, zambia recorded 28,101 divorces across the countrys 10 provinces. Marrying and sponsoring a zambian citizen immigroup we. Ending child marriage programme zambia country profile. Customary marriage and the urban local courts in zambia. Current happenings in zambia show that not all i dos end in happy unions. Marriage to a zambian every country has its own laws that apply to its citizens marrying a person from a different country. Statutory marriage under customary law, marriages are contracted according to customs of the contracting parties. An act to provide for the solemnisation of marriages. Among the many hurdles that children face in zambia is child marriage and. Ending child marriage programme zambia country profile 2018. Conversion from a custom ary marriage to a civil marriage, but not vice versa, should be allowed. Zambia in 20 the government of zambia launched a nationwide campaign to end child marriage. Preventing and eliminating child, early and forced marriage.

British nationals wishing to obtain information about marriage must also contact the relevant local authority to be sure of the requirements that they need in order for. Jul 03, 2015 this information on marrying in zambia is provided as a general guide and is based upon information provided to the fco by the relevant local authorities. Posted on january 28, 2014 by elias munshya, mba, llm, ma, mdiv 7 comments. Zambia like many other countries attaches immense importance to marriage. Introduction module 1 the theory and practice of womens access to justice programming module 2 marriage, family and property rights module 3 ending violence against women module 4 women in conflict with the law. There is western based education, there are western soap operas on. Embassy provides the following general information on seeking a divorce in zambia. Sad statics,no wonder marriages in zambia are under attack by lucifer and his demons. When a marriage is performed and carried out by a government institution in accordance with the marriage laws of the jurisdiction, without religious content, it is a civil marriage.

Grounds for pronouncing decrees of nullity of maniage. Throughout the world, marriage is regarded as a moment of celebration and a milestone in adult life. The yes i do programme in indonesia is a collaboration. A statistical profile of zambia is presented in table 1. Thera rasing traditional modern and christian teachings in. There is western based education, there are western soap operas on television, there is a western style of clothing, and so on. Supreme court to have jurisdiction in matrimonial causes. Jun 02, 2017 a marriage council is instituted to look into affairs. Read instruction carefully before completing the form to by 2 4 by applieaats birth or pa. No marriage shall be solemnised unless notice of the intended marriage shall have been given in the prescribed form by one of the parties thereto to the registrar of the district in which the marriage is intended to take place not less than twentyone days. The common law and zambia 3 it is generally agreed that the process involves a grouping of facts into categories or classes in accordance with their relevance to a particular legal theory deemed appli cable to both cases so that some facts can be retained as significant and others dismissed as inconsequential.

A practitioners toolkit on womens access to justice. Matrimonial causes act, 2007 zambia legal information institute. Credit must go to all the political leaders who have continued the one zambia, one nation policy initiated by dr kenneth kaunda the first zambian president after independence. In this case a man sends a middle man shibukombe to ask for permission to marry from a chosen family. Note that this is the beginning of the whole program because after this a. Divorce cases in zambia have skyrocketed, a trend some marriage experts say is alarming. A petition for divorce may be presented to the court by either party to a marriage on the ground that the. Violet mengo, lusaka getting married, they say, is not an achievement, but making a marriage work is. A situation report on child marriages in zambia world.